Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-07-07
iNFoR NATION
~...FoR....
OWNERS AND LOcATORs
....oF....
MI NEs-
APPLICATION FOR PATENT.

,.t,,naS - Can neither be withdrawn M,
eral Land Once. W 'ne Zen
apPncauon will be rejected when the
scrnptlon OF the premises ia erroneons 90
sufficient. eous or
Application for patent vii, ha ,o
cause: leJecteo De-
First The notice was published witbou, ~.
knowledge of the RsQistsr "i'noutthe
o~ooonu--i me notice was not published In
newspsper designated as published nesrest n.
Third-Record title was found aatso.,v.
Fourth.A previous application had ha.,
made Tor the same premises, which was VIII
urswn pending . suit In Court commenced bv
the adverse claimant. ny
An application for patent will bs re;ao..,
when the survey does not accurately de6ns ~
boundaries OF the claim. 1'nne tne
where the claim was not located In .coora
ance with law. 0oru'
Where several parties own sensr.
tinct portions Of 9 claim, appi,cation rs
patent may be made by either for IN Al no.4aI
OF the claim owned by him: but whera sor.
parties own undivided interests in : nir rLs
claim all should join In an application sor
patent. rs
A person or association may. nrrch..
many placer locations as the local law sdm,.s
and embrace them all In one application fors
patent.
Two or more lodes cannot be embraced :,
OAo " q RatCuL bXCeDt fnF vlana-
claims embracing two or more lodes ,si.h.a
their boundaries Anin
Papers sworn TO before any person nnrror..
ing to act as a deputy for the Register ana r.
ceiver cannot be recorded as evidences
In all patents for mining claims a,trs,aa
within the interior boundaries of a tow ss.a
Q clause is inserted excepting ana ercInaino
all tow property, rights upon the snsssos
and all houses, buildings. structures. lots
blocks, streets. alleys or other municinal im
L ante mot ha1opn4r1 A. III
In. and all rights necessary or propey n ~
occupation, possession and enjoyment OF the
same"
Publication Of notice must be made n on,v
one newspaper for the period Of 60 DAYS.
| Notice must be published 10 sonsscr.,v.
weeks in weekly newspapers, and in dsily
newspapers 60 days must elapse between Inc
irst and last Insertions.
Where the Register designates b edsiIy issua
Of newspaper for publication of notices of q
mining application for patent ID IL not 4 COM
| pliance With law 10 change TO the weekly adj.
ton of the same paper without authority Of
| the Register.
The existence OF o salt spring on 4 tract OF
land withdrsws It from the operation Of the
| homestead and presumption laws. A hearing
for the purpose OF proving the agricultural
character Of such land 10 not allowed. Land
containing valuable deposits of slate NAV be
entered under the mining Acts.
ADVERSE oLAIxs.
Adverse claimants must nle 9 separate and
distinct claim against each application which
II IL alleged conflicts with the premises owned
by such adverse claimant.
The papers IN an adverse claim. once hled
cannot be withdrawn, but becomes q part Of the
record.
When an adverse claim has been fled It can.
not be amended so as TO embrace q larger pcr.
ton of the premises than that described In the
original adverse claim.
An adverse claim must be made out In
proper form and flied In the proper local Office
during the period Of publication Of the sppli.
cation for the patent 10 be effective.
1t IL the duty OF the adverse claimant 0
suit In proper form within the re.
CURED time. and If he trusts the uncertain
medium Of the United States mail he must
abide the consequences. should the delsy
ensue. through misfortune or accident. Should
the failure to commence suit be the result Of
the cor tupto or dishonest action of his s~tterney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions Of law, without stating the
facts specially, will not be considered 10 cyl,
| dence.
An adverse claimant should show a compl.
Ance with the local laws IN recording hts clsim
and in regard 10 expenditures, and shall file 6
copy of the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
An allegation OF parties to a suit that they
compose the company is sufficient, and they
| are not required TO prove tina they ere the
original ~locstors or the identical parties who
| present the adverse claim.
AGRICULTURAL on MINERAL LANDS.
Where land is Of little. If any value, for Agri.
cultural purposes, but is essential to the
proper development of mining claims. II
should bs disposed of under the Mining Act
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be cancelled At any tine
prior to issuance Of patent, upon satisfactory
evidence Of the existence of such valuable do.
posts.
Where valuable deposits Of mineral are dis
covered upon n tract sitter the samt fss been
uttered as agricultural, but before ] sent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled y
that portion of the land embraced BY said
mining claim.
Where mineral deposits are discovered Oh
agricultural lands after the patent has been
issued to an Agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF IT. provided ne becomes ~
before disposing OF the mine. Proof thai us
party was not 9 citizen before disposlngo OF D"
claim must BIO sfirmstively shown.
Locators and intermediate owners. oIu
than applicants. will not be presumed alens.
In the absence of allegation or objection pf~
TO issuance of patent. 49,.
The portion of a mining claim sold w.
alien cannot be patented while such owner.
an alien; but on his declaration o become
citizen his right dates back to his puIcns~r
cud he may thereupon secure Unitea
patent for his claim.
CROSS EDGES.
Revised Statutes. Section 1885: ,..,ssct
Where two or more lodges cross or and
each other. priority Of title shall so.a ii GRE
sue prior location shall BIO entitled inter.
or mineral contained within the spscss.ah.ye
section, but the subsequent location wa inter.
the right of way through the apscewsniapt
section for the purpose OF the more
working Of the mine. And where twum hall
veins unite the Oldest or prior ioea'nJ,nn In.
take the vein below the point OF upVA'
Guiding all the space of Intersection
There Is no authority of law for s.tiOn
location 5000 by /, 500 feet. A proper !o
IL Che width of the tunnel for 5000 feet. ,ine
There IL no provision OF law Ior in run.
tunnel locations, but lodes discoVvt manner
ming o tunnel may be patented ID
as other lodes. .o, owners to
~ go 49, VAIA nnf DrGVlDhNs